Questions for Written Answer: Reply Times

Lord Jopling: asked the Leader of The House:
	Further to the Written Answer by the Lord President on 20 January (WA 121), on how many days since 24 November 2004 have her officials contacted the Home Office to enquire why the Earl of Shrewsbury's Question for Written Answer has not received an answer nine weeks after it was tabled, when the target time for answers is two weeks; and what reasons have been given for the failure to answer.

Baroness Amos: The detail requested in many Questions, including the one referred to by the noble Lord, can cause delays resulting in the target date not being met. I understand that the Home Office had considerable problems in obtaining the data requested and regrets that this led to a delay in providing an answer to the Question.
	All government departments endeavour to respond within the target time, and my office tracks progress on a regular basis.

Questions for Written Answer: Reply Times

Lord Jopling: asked the Leader of The House:
	Further to the Written Answer by the Lord President on 20 January (WA 121), why Questions were still awaiting answer on 25 January having been tabled between 24 November and 21 December 2004 when the target time for Answers is two weeks; and whether she will raise the issue at Cabinet.

Baroness Amos: There is currently one Question outstanding that was tabled between 24 November and 21 December. The department responsible (the Department for Trade and Industry) has committed to provide an Answer by the end of this week.
	The detail requested in many Questions can cause a delay. Departments which had Questions tabled within this period noted that a number of them required considerable research. The Northern Ireland Office continues to receive a very high volume of detailed Questions, although all Questions received within the period in question have now been answered.
	All government departments endeavour to respond within the target time, and my office tracks the progress made with departments. I do not intend to raise this matter with Cabinet, but I continue to raise it weekly with Front-Bench colleagues.

African Peer Review Mechanism

Lord Avebury: asked Her Majesty's Government:
	Which of the 53 African Union member states have not signed up to the African Peer Review Mechanism; and, of those which have acceded to the mechanism, how many have completed their first examination.

Baroness Symons of Vernham Dean: The following members of the African Union have not signed up to the African Peer Review Mechanism: Tunisia, Libya, Western Sahara, Mauritania, Niger, Sudan, Somalia, Cape Verde, The Gambia, Guinea, Guinea-Bissau, Equatorial Guinea, Liberia, Côte d'Ivoire, Togo, Chad, Djibouti, Eritrea, Central African Republic, Democratic Republic of Congo, Burundi, Zambia, Zimbabwe, Namibia, Botswana, Swaziland, Sao Tome and Principe, Comoros, Seychelles and Madagascar.
	However, 23 countries have signed up for peer review and reviews are underway in four of these.

Iraq: Regional Majorities

Lord Acton: asked Her Majesty's Government:
	In which of Iraq's 18 provinces are:
	(a) Sunni Arabs; and
	(b) Kurds
	in a majority.

Baroness Symons of Vernham Dean: Although there are no recent reliable census figures, it is commonly assessed that: Sunni Arabs are in a majority in Mosul, Anbar, Salahaddin, Diyala and Baghdad provinces. The Shi'a are in a majority in the city of Baghdad itself. But this is outweighed by the Sunni majority in the satellite towns. The Kurds are in a majority in Dohuk, Sulaymania and Arbil provinces.

Sudan: Darfur

Lord Avebury: asked Her Majesty's Government:
	Whether they will ascertain why the report of the panel appointed by the United Nations Secretary-General in accordance with Security Council Resolution 1564 was not published on 25 January as anticipated; what conclusion the panel reached on the reports of violations of international humanitarian law and human rights and alleged acts of genocide in Darfur; whether it identified the perpetrators of such violations; and what measures they will propose to the Security Council to ensure that those responsible are held accountable.

Baroness Symons of Vernham Dean: We understand that due to technical difficulties the United Nations Secretary-General (UNSG) first received the report of the International Commission of Inquiry (ICI) on 26 January. He released the report to United Nations Security Council (UNSC) members on 31 January. The report concludes that the government of Sudan, the Arab militias and the rebels are all guilty of serious violations of human rights and humanitarian law, which may amount to crimes against humanity and/or war crimes. The report also found that the government of Sudan has not pursued a policy of genocide in Darfur, although a "competent court" will need to decide whether certain individuals have done so. The report stresses that the crimes which have taken place in Darfur "may be no less serious and heinous than genocide" and recommends that the crimes should be referred to the International Criminal Court.
	The ICI has given the UNSG a list of suspects it believes may have perpetrated these crimes, and recommends that he pass this list to a competent prosecutor. The UNSC is united in its determination that there can be no impunity for these crimes and will be discussing the next steps over the coming days.

Sinn Fein: Re-arming

Lord Laird: asked Her Majesty's Government:
	Further to the reports in the Sunday Independent on 30 January, whether the Eire Government passed on information concerning the alleged re-arming, recruiting and re-organisation of Sinn Fein/IPR.

Baroness Symons of Vernham Dean: It is not the policy of the Government to comment on intelligence matters.

Irish President

Lord Laird: asked Her Majesty's Government:
	What representations they have made or intend to make to the Eire Government concerning the description by the President of Eire, Mary McAleese, of approximately 1 million United Kingdom citizens as Nazis.

Baroness Symons of Vernham Dean: The President of Ireland has apologised for any offence her remarks about the Holocaust on 27 January may have caused. The Government have therefore made no representations to the Irish Government.

Minors with Indian Nationality

Lord Avebury: asked Her Majesty's Government:
	Further to the Written Answer by the Baroness Symons of Vernham Dean on 16 November 2004 (WA 134) on minors with Indian nationality, whether they will place in the Library of the House a copy of the correspondence from Indian authorities which states that an Indian minor who acquires British Dependent Territories citizenship by registration does not lose Indian nationality as a consequence, as set out in paragraph 7.1 of Annex H to Chapter 14 of the Home Office Nationality Instructions.

Baroness Symons of Vernham Dean: Paragraph 11(2) of the press release issued on 20 March 1998 by the Consulate General of India in Hong Kong in response to a request for clarification by the British High Commission in New Delhi makes clear the position of the Government of India on this question.
	A copy of this press release was placed in the Library of the House on 27 October 2004.

EU Constitutional Treaty

Lord Stoddart of Swindon: asked Her Majesty's Government:
	Which articles, or other content of the European constitution, will not be subject to the decisions of the European Court of Justice.

Baroness Symons of Vernham Dean: The task of the European Court of Justice (ECJ) is to ensure that in the interpretation of the constitution the law is observed. The court's jurisdiction is provided for and defined in Articles III–358 to III–380. Article III–376 makes clear that the court's jurisdiction does not extend to the common foreign and security policy. Article III–377 makes clear that member states' responsibilities in the areas of law and order and internal security, and operations carried out by their police and law enforcement services, are not subject to ECJ jurisdiction.

Planning Policy Statements

Lord Greaves: asked Her Majesty's Government:
	Which planning policy guidance (PPG) documents have already been replaced by new planning policy statements (PPS); what is the anticipated timetable for the full replacement by a PPS of each PPG; whether it is intended to produce any additional PPS documents; if so, on what subject; and when.

Lord Rooker: The Statement made in the other place by my right honourable friend the Member for Streatham on 17 June 2004 (Official Report, col. 45WS) indicated that priority would be given to replacement of planning policy guidance notes (PPGs) by planning policy statements (PPSs) where it was required for good policy reasons. Progress on replacement of those PPGs identified in the Statement as a priority is tabled below.
	
		
			 PPSNumber Subject Consultationdraft Publication ofrevised PPS/PPG 
			 1 Delivering Sustainable Development 23 February 04 1 February 05 
			 PPG3 Housing:   
			  Updates on:   
			  Supporting thedelivery of newhousing; and 17 July 03 24 January 05 
			  Planning forsustainablecommunities in 
			 rural areas 17 July 03 24 January 05 
			  Planning for mixedcommunities 24 January 05 Summer 05 
			  Barker update Spring 05 Autumn 05 
			 4 Economic Development To follow PPS6  
			 6 Town Centres 15 December 03 Spring 05 
			 7 Rural Areas 15 September 03 3 August 04 
			 9 Nature Conservation/Biodiversity 8 September 04 May/June 05 
			 10 Waste Management 6 December 04 Spring/Summer 05 
			 11 Regional Planning 13 October 03 7 September 04 
			 12 Development Plans 13 October 03 7 September 04 
			 22 Renewable Energy 5 November 03 9 August 04 
			 23 Pollution Control February and 
			 July 02 3 November 04 
			 24 Planning and Noise Autumn 05  
		
	
	The review and replacement of other PPGs will take place as and when necessary in the light of their policy and strategic significance. In the mean time the current PPG will remain in place.
	It is not proposed to produce any additional PPSs at present, although good practice guidance on specific topics may be produced from time to time.

Schools: Attendance

Lord Hanningfield: asked Her Majesty's Government:
	What was the annual attendance rate for pupils in (a) secondary schools; (b) special schools; and (c) primary schools, in England and Wales in each of the past seven years.

Lord Filkin: The information requested is shown in the tables below for England only. Figures for Wales are a matter for the Welsh Assembly.
	
		School Attendance in England
		
			 Academic Year (September to May) Secondary schools  % Special schools  % Primary schools  % All schools  % 
			 1997–98 90.99 88.90 93.79 92.72 
			 1998–99 91.12 89.04 94.11 92.93 
			 1999–2000 91.38 89.57 94.34 93.15 
			 2000–01 90.96 88.73 93.92 92.73 
			 2001–02 91.28 89.22 94.15 92.98 
			 2002–03 91.72 89.30 94.19 93.17 
			 2003–04 91.94 89.72 94.51 93.43

Schools: Building Repair Work

Lord Hanningfield: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Filkin on 11 January (WA 46), what is the total figure in England for (a) schools backlog repair work; and (b) future schools maintenance requirements in the next five years.

Lord Filkin: School buildings' maintenance requirements for English local education authorities total approximately £700 million, £3.7 billion and £3.6 billion for Priority 1, 2 and 3 work respectively. Priorities 1, 2 and 3 relate to urgent work, work needed within two years and work needed within three to five years. Backlog repairs are not separately identified in the data. The figures cover cyclical and scheduled maintenance. They are derived from data supplied to the department by authorities, based on their asset-management condition assessments.
	Central government capital support for investment in schools has increased from under £700 million in 1996–97 to £4.9 billion this year and will rise further to £6.3 billion by 2007–08. Progress is being made year-by-year in improving the quality of the school building stock.

Middle Schools

Baroness Sharp of Guildford: asked Her Majesty's Government:
	What are the names and local education authorities responsible for each middle school which educates year 11 pupils.

Lord Filkin: As at January 2004 there were six middle schools across England which provide for year-group 11 pupils. The schools were the London Oratory School in Hammersmith and Fulham Local Education Authority (LEA) area; Hinde House School in Sheffield LEA; the Five Islands School in the Isles of Scilly LEA; Minster School in Nottinghamshire LEA; Caroline Chisholm School in Northamptonshire LEA and Royal Alexandra and Albert School in Surrey LEA.

Schools: England/Wales Border

Baroness Sharp of Guildford: asked Her Majesty's Government:
	Whether any English local education authorities have schools situated on the border between England and Wales or in Wales; and what are the names of such schools and their maintaining local education authorities.

Lord Filkin: There are no schools maintained by English local education authorities which are located within Wales.
	Further information about the location of schools can be accessed via the EduBase web site www.edubase.gov.uk. EduBase is the department's official register of educational establishments.

Stamp Duty

Lord Oakeshott of Seagrove Bay: asked Her Majesty's Government:
	What would have been the additional revenue to the Exchequer in 2003–04 from commercial property transactions if there had been no exemption from stamp duty in disadvantaged areas; and what they estimate the likely additional revenue would be in 2004–05, including actual figures for the year to date in so far as they are available.

Lord McIntosh of Haringey: The estimated amount of stamp duty relief given in disadvantaged areas in 2003–04, and forecast for 2004–05, is published at www.newinternet.inrev.gov.uk/stats/tax–expenditures/table1–5.pdf. This amount includes some relief for residential transactions in those areas where the value of the transaction is above the stamp duty threshold but below £150,000. The amount of additional revenue if there had been no exemption from relief for commercial transactions from April 2003 is highly uncertain due to the likely use of other reliefs in some instances and other behavioural effects.

Worklessness Among Households

Lord Howell of Guildford: asked Her Majesty's Government:
	What percentage of households in the United Kingdom are without a wage-earner; and what are the comparable percentages for France and Germany.

Lord McIntosh of Haringey: The information requested falls within the responsibility of the National Statistician, who has been asked to reply.
	Letter from the National Statistician, Len Cook, dated 9 February 2005.
	As National Statistician, I have been asked to reply to your recent Parliamentary Question about the percentage of households in the United Kingdom without a wage earner and the comparable percentages for France and Germany.
	The most recent available information was published by the Office for National Statistics in January 2005 in the first release Work and Worklessness among Households.
	Drawing upon this source, 15.8 per cent of working age households were classed as workless in autumn 2004, the latest period available.
	In the UK first release, a working age household is a household that includes at least one person of working age, that is, a man aged 16 to 64 or a woman aged 16 to 59. A workless household is a working age household where no one aged 16 or over is in employment.
	Comparable percentages for France and Germany are not available.

Tax: European Court of Justice

Baroness Noakes: asked Her Majesty's Government:
	Whether taxpayers are entitled to establish the effect of United Kingdom taxation laws through judicial processes and to pay any taxes due in accordance with the law so established; and, if so, whether they will explain the statement made by the Lord McIntosh of Haringey on 31 January (HL Deb, col. 3) that "some objections that have been raised on tax matters before the European Court of Justice are extremely self-interested".

Lord McIntosh of Haringey: Of course, the Government accept that all taxpayers are entitled to have their tax liabilities settled in accordance with the law. It is clearly in everyone's interest that this should be the case. This is not in any way inconsistent with the statement I made on 31 January in this House.

Benefit Payments: Fraud and Error

Baroness Noakes: asked Her Majesty's Government:
	When the amount of fraud and error in benefit payments will be reduced to the 1 per cent of gross expenditure that would be necessary to avoid the qualification by the Comptroller and Auditor-General of the resource accounts of the Department for Work and Pensions; and what plans they have to achieve that.

Baroness Hollis of Heigham: The department is committed to meeting the PSA targets to reduce fraud and error loss in income support and jobseeker's allowance by 33 per cent by 2004 and 50 per cent by 2006; housing benefit by 25 per cent by 2006; and pension credit by 20 per cent by 2006.
	Further targets have been set for income support, jobseeker's allowance and housing benefit for subsequent years.
	The department has already made significant progress in delivery against these targets. By March 2004 we had reduced fraud and error in income support and jobseeker's allowance by 37 per cent to 6.4 per cent compared with the 1998 baseline figure of 10.4 per cent, achieving the first stage of the target. We have achieved even more in reducing fraud. Compared to the 1998 baseline figure, by March 2004 we had reduced the level of fraud in working age income support and jobseeker's allowance by half. Since 1997 we have saved the equivalent of over £1 billion through our efforts in reducing fraud and error in income support and jobseeker's allowance.
	However, even when these targets are achieved the level of loss cumulatively across departmental expenditure is likely to remain above 1 per cent. A reduction in overall loss below 1 per cent will remain very difficult to achieve given the necessary complexity of the benefit system, which seeks to tailor provision closely to individual needs.
	The department remains committed to reducing loss from fraud and error wherever possible while ensuring that those who genuinely need financial support receive it.

Benefit Payments: Fraud and Error

Baroness Noakes: asked Her Majesty's Government:
	What is their estimate of the level of (a) fraud, and (b) error in relation to incapacity benefit payments for 2003–04; and what plans they have to reduce that level.

Baroness Hollis of Heigham: The level of fraud in incapacity benefit (IB) is very low, estimated at less than 3 per cent of expenditure when last measured.
	Evidence of fraud in IB is investigated thoroughly. This resulted in 613 prosecutions in 2003–04. Additionally around 45 per cent of people receiving incapacity benefit also receive income support and are subject to the same fraud and customer error management as other income support recipients.
	We are also working to reduce error as part of our overall strategy of more prevention and better detection. The incidence of error is continuously monitored and improvement targets have been set. Our emphasis is on working smarter and integrating control measures even more closely into our basic business processes. Key aspects include tackling complexity in benefit rules and tighter standard processes supported by better IT to reduce error, improved data-matching to identify misrepresentations and mistakes earlier, and more help for customers to keep claims right.
	The department concentrates measurement of fraud and error on benefits with the highest levels of loss such as income support, jobseeker's allowance and housing benefit. Fraud and error in IB was last measured in 2001. The results are in the table.
	
		Results of Incapacity Benefit Review 2001
		
			 Category Monetary Value(£ millions) Percentage of expenditure 
			 Fraud overpayments 1 Up to £19 million Up to 0.3 
			 Customer erroroverpayments 2 £16 million 0.3 
			 Customer errorunderpayments3 £15 million 0.2 
		
	
	Notes:
	1 This is an upper limit, as insufficient cases of fraud were uncovered in the review to enable a robust central estimate to be made.
	2 95 per cent confidence interval (£6 million to £32 million).
	3 95 per cent confidence interval (£8 million to £24 million).
	Official error is measured every year. The latest results are in the table
	
		Official Error in Incapacity Benefit 2003–04
		
			 Category Monetary Value(£ millions) Percentage of expenditure 
			 Overpayments 52 0.8 
			 Underpayments 13 0.2 
		
	
	Notes:
	1 95 per cent confidence interval (£37 million to £69 million).
	2 95 per cent confidence interval (£7 million to £19 million).
	3 All estimates quoted arise from sampling exercises and are subject to margins of error. These are expressed by means of confidence intervals.
	 In addition to the official error underpayments on incapacity benefit (IB) claims in payments, we estimate that there were approximately £6 million of underpayments for those receiving credits only.
	 For the purposes of estimating an IB contribution to our estimate of global fraud and error, we occasionally adjust the overpayment results from the 2001 IB review in line with the change in expenditure and combine the result with the latest IB official error estimate. In the most recent calculation this gave an IB contribution of £87 million.

Lottery Fraud

Lord Hoyle: asked Her Majesty's Government:
	How many examples they have received of bogus or fraudulent national lottery schemes; and what action they have taken to investigate them and bring the people responsible to justice.

Lord Sainsbury of Turville: The Office of Fair Trading, which investigates these cases, received nearly 2,000 complaints and queries about lottery scams based in other countries in 2004. The investigation of these scams is undertaken by the appropriate enforcement agency.
	DTI is taking action through Consumer Direct, a consumer helpline and website which is currently being rolled out nationwide and provides advice for consumers about these kinds of scams.
	DTI also helps to facilitate global co-operation against these scams. Since 2001, DTI has signed memorandums of understanding with the US, Canada, Australia and New Zealand. This department is also a signatory to the OECD Guidelines for Protecting Consumers from Fraudulent and Deceptive Commercial Practices across Borders, a multilateral co-operation agreement, and last year, negotiated the EU Regulation on Consumer Protection Co-operation which sets an enforcement co-operation framework within the EU.

Human Fertilisation and Embryology Authority: Research Applications

Lord Winston: asked Her Majesty's Government:
	On what basis the Human Fertilisation and Embryology Authority estimates that the cost of processing each research science application is £6,000.

Lord Warner: The Human Fertilisation and Embryology Authority (HFEA) advises that the total cost of regulating licensed research projects is £70,000 per year. There is an average of 12 research licences in operation during a year, giving an average regulation cost per licence of approximately £6,000. This figure covers the costs of processing research licence applications, inspections, research licence committees, 50 per cent of the total cost of the research regulation team and the associated overheads costs of premises, information technology and administrative support.
	Following a public consultation exercise, the HFEA announced an increase in the research licence fee from 1 February 2005. The fee has increased from £200 to £500 for small projects and £750 for larger, more complex projects. The additional cost of regulating research will be met from the Department of Health's grant in aid.

Health and Social Care: Deferred Payments Grant

Lord Lipsey: asked Her Majesty's Government:
	What steps they have taken to make people aware of the scheme under Section 55 of the Health and Social Care Act 2001.

Lord Warner: A chief inspector's letter was sent to the directors of social services in June 2002 and a local authority circular was issued in October 2002 advising councils of good practice with respect to deferred payments, and Department of Health expectations.

NHS: Wheelchairs

Lord McColl of Dulwich: asked Her Majesty's Government:
	How many patients are currently waiting for (a) an outpatient appointment, and (b) delivery of indoor and outdoor electric wheelchairs and specialised wheelchair seats; and how many patients they expect will have received (i) an appointment, or (ii) such a delivery by the end of 2005.

Lord Warner: The information requested is not held centrally. It may be available from the 151 National Health Service wheelchair services who arrange for the provision of wheelchairs in England.

Badgers and Bovine Tuberculosis

Baroness Byford: asked Her Majesty's Government:
	How many infectious tubercle bacilli may be voided by badgers with primary kidney disease onto pasture during urination.

Lord Whitty: This has not been measured. However, the number of tubercle bacilli voided by a badger with kidney lesions would vary according to the severity of infection and the behaviour of the individual badger.

Badgers and Bovine Tuberculosis

Baroness Byford: asked Her Majesty's Government:
	Whether, of badgers that die as a result of bovine tuberculosis, there is a difference in time course of the disease depending on the route of infection.

Lord Whitty: There are no available data to give a definitive answer to this question. There is no evidence to show that bovine TB itself is a major cause of death in badgers. The evidence available suggests that in badgers infected by bite wounding, there is a more rapid dissemination of disease, which might lead to an earlier death; whereas badgers with infected lungs, indicating a respiratory route of infection, can survive for long periods. Some individuals have been recorded as surviving for up to three or four years.

EU Sugar Regime

Baroness Byford: asked Her Majesty's Government:
	What assessment they have undertaken on the impact of the reform of the European Union sugar regime upon (a) British farmers, and (b) the British sugar industry.

Lord Whitty: We are still awaiting the European Commission's detailed proposals for reform of the EU sugar regime, but in the mean time we have published independent economic research illustrating some of the possible effects of reform of the EU sugar regime on UK beet growers and beet processors. A full regulatory impact assessment will be prepared once formal proposals are available.

Disability Discrimination Act 1995

Lord Skelmersdale: asked Her Majesty's Government:
	Which orders have been made under Section 43 of the Disability Discrimination Act 1995; what conditions have been specified by or under such orders; and how those orders have been made publicly available.

Lord Davies of Oldham: A table has been placed in the Library with details of orders, made under Section 43 of the Disability Discrimination Act 1995, which are either in force, or expired where no extension or replacement has been issued.